Common use of Rent Payable Clause in Contracts

Rent Payable. A. Commencing on the Term Commencement Date, Tenant shall pay all Rent to Landlord, without prior notice or demand and, except as otherwise expressly set forth in this Lease, without offset, deduction or counterclaim whatsoever, in the amounts, at the rates and times set forth in this Lease, in the manner set forth in this Section 5.01, provided, however, that payments of Minimum Rent shall not commence until the Rent Commencement Date. All payments of Rent shall be made at the place set forth in Section 1.01.H or as Landlord may otherwise designate by Notice to Tenant. B. If Tenant fails to pay any installment of Rent on or before the date the same becomes due and payable, such unpaid installment of Rent shall bear Interest as set forth in Section 17.03 of this Lease until paid. In addition, if Tenant fails to make any payment of Rent by the date that is five (5) days after such Rent is due and payable, Tenant shall pay Landlord a late payment charge (the “Late Fee”) equal to the greater of (i) five percent (5%) of such payment of Rent, or (ii) Twenty Dollars ($20.00) per day from the due date until the date of receipt by Landlord, except that Landlord shall not charge any such interest and/or the Late Fee with respect to the first (1st) such instance in any twelve (12) month period, if such amounts are paid within five (5) days after Notice that the same are delinquent. Payment of such Interest and/or the Late Fee shall not excuse or waive the late payment of Rent. C. If Landlord receives two (2) or more checks from Tenant that are dishonored by Tenant’s bank, all checks for Rent thereafter shall be bank certified and Landlord shall not be required to accept checks except in such form. Tenant shall pay Landlord any bank service charges resulting from dishonored checks, plus Fifty Dollars ($50.00) for each dishonored check as compensation to Landlord for the additional cost of processing such check. D. Any payment by Tenant of less than the total Rent due shall be treated as a payment on account. Acceptance of any check bearing an endorsement, or accompanied by a letter stating, that such amount constitutes “payment in full” (or terms of similar import) shall not be an accord and satisfaction or a novation, and such statement shall be given no effect. Landlord may accept any check without prejudice to any rights or remedies which Landlord may have against Tenant. E. If the Term begins or ends on a date other than the first day of a month, Rent for the first month of the Term and/or the last month of the Term, as the case may be, shall be prorated on a daily basis based upon the number of days in such month and shall be paid in advance.

Rent Payable. A. Commencing on the Term Rent Commencement Date, Tenant shall pay all Rent to Landlord, without prior notice or demand and, except as otherwise expressly set forth in this Lease, and without offset, deduction or counterclaim whatsoever, in the amounts, at the rates and times set forth in this Leaseherein, in the manner set forth in this Section 5.015.01.A. Tenant shall (i) promptly execute any and all agreements and authorizations, providedand supply any and all information necessary, howeverto authorize Landlord to initiate debit entries (“Auto-Debit Transfers”) from Tenant’s account to Landlord for such portions of Rent due under this Lease as Landlord may elect to be paid by Auto-Debit Transfer; and (ii) take all actions necessary on Tenant’s part to insure that any and all such payments will be received by the Landlord by the dates due as specified in this Lease. Except for the Security Deposit, Landlord initially elects that payments of Minimum Rent shall not commence until the be paid by Auto-Debit Transfer. Landlord may elect, by giving Notice to Tenant, that additional recurring payments constituting Rent Commencement Date. shall be paid by Auto-Debit Transfer pursuant to this Section 5.01.A. All payments of Rent not made by Auto-Debit Transfer shall be made at the place set forth in Section 1.01.H 1.01. or as Landlord may otherwise designate by Notice to Tenant. B. If Tenant fails to pay any installment of Rent on or before the date the same becomes due and payable, such unpaid installment of Rent shall bear Interest as set forth in Section 17.03 of this Lease until paid. In addition, if Tenant fails to make any payment of Rent by the date that is five (5) days after such Rent is due and payabledue, Tenant shall pay Landlord a late payment charge (the “Late Fee”) equal to the greater of (i) five percent (5%) of such payment of Rent, or (ii) Twenty Dollars ($20.00) per day from the due date until the date of receipt by Landlord, except that Landlord shall not charge any such interest and/or the Late Fee with respect to the first (1st) such instance in any twelve (12) month period, if such amounts are paid within five (5) days after Notice that the same are delinquent. Payment of such Interest and/or the Late Fee late charge shall not excuse or waive the late payment of Rent. Tenant acknowledges and agrees that such late charge is a reasonable estimate of the damages as a result of Tenant’s violations of this Section 5.01.B. and that it would be impracticable or extremely difficult to determine Landlord’s actual damages. Notwithstanding the foregoing, Landlord will not assess the foregoing late charge until Landlord has given written notice of such late payment for the first late payment in any twelve (12) month period and after Tenant has not cured such late payment within three (3) days from receipt of such notice (no other notices will be required during the following twelve (12) months for a late charge to be incurred). C. If Landlord receives two (2) or more checks from Tenant that are dishonored by Tenant’s bank, all checks for Rent thereafter shall be bank certified and Landlord shall not be required to accept checks except in such form. Tenant shall pay Landlord any bank service charges resulting from dishonored checks, plus Fifty Dollars ($50.00) for each dishonored check as compensation to Landlord for the additional cost of processing such check. D. Any payment by Tenant of less than the total Rent due shall be treated as a payment on account. Acceptance of any check bearing an endorsement, or accompanied by a letter stating, that such amount constitutes “payment in full” (or terms of similar import) shall not be an accord and satisfaction or a novation, and such statement shall be given no effect. Landlord may accept any check without prejudice to any rights or remedies which Landlord may have against Tenant. E. If the Term begins or ends on a date other than the first day For any portion of a month, Rent for calendar month at the first month of the Term and/or the last month beginning of the Term, as Tenant shall pay in advance the case may be, shall be prorated on a daily basis based upon pro-rated amount of the number of days Rent for each day included in such month and shall be paid in advanceportion of the month.

Rent Payable. A. Commencing on the Term Commencement Date, Tenant shall pay all Rent to Landlord, without prior notice or demand and, except as otherwise expressly set forth in this Lease, therefor and without any offset, deduction or counterclaim whatsoever, in the amounts, at the rates and at the times set forth in this Leaseherein, in the manner set forth in this Section 5.01, provided, however, that payments of Minimum Rent shall not commence until the Rent Commencement Date. All payments of Rent shall be made and at the such place set forth as is provided in Section 1.01.H 1.1., or at such other place as Landlord may otherwise from time to time designate by Notice written notice to Tenant. B. If Tenant fails In addition to pay any installment of Rent on or before constituting a breach under the date the same becomes due Lease, and payable, in addition to Landlord's other rights and remedies for such unpaid installment of Rent shall bear Interest as set forth in Section 17.03 of this Lease until paid. In additionbreach, if Tenant fails shall fail to make any payment of Rent by after the date that is five (5) days after such Rent is due and payabledate, Tenant shall pay to Landlord a late payment charge (the “Late Fee”same being Additional Rent) in an amount equal to the greater of (i) five percent (5%) of such payment of Rent, or (ii) Twenty Dollars ($20.00) per day from the date such Rent is due date until the date of receipt by Landlord, except that Landlord shall not charge any such interest and/or the Late Fee with respect to the first (1st) such instance in any twelve (12) month period, if such amounts are paid within five (5) days after Notice that the same are delinquentRent is received. Payment The payment of such Interest and/or the Late Fee Additional Rent shall not excuse or waive the late payment of Rent. C. If during the term Landlord receives two (2) or more checks from Tenant that which are dishonored returned by Tenant’s bank's bank without honoring, Tenant agrees that all checks for Rent thereafter shall be bank certified and that Landlord shall not be required to accept checks except in such form. Tenant shall pay Landlord In addition to any bank service charges resulting from dishonored checks, plus which shall be borne by Tenant, Tenant shall pay to Landlord Fifty Dollars ($50.00) for on the occasion of each dishonored check as compensation to an administrative fee (the same being Additional Rent) compensating Landlord for the additional cost of expense involved in processing such check. D. Any payment by Tenant of less a lesser amount than the total Rent due under the Lease shall be treated as a payment on account. Acceptance of In the event that any check bearing bears an endorsementendorsement or statement, or is accompanied by a letter stating, that such lesser amount constitutes “"payment in full” " (or terms of similar import) ), Landlord's acceptance thereof shall not be an accord and satisfaction or a novation, and such statement shall be given no effect. Landlord may accept any check without prejudice to any rights or remedies which Landlord may have against Tenant. E. If the Term begins or ends on a date other than the first day For any portion of a month, Rent for calendar month included at the first month of the Term and/or the last month beginning of the Term, as Tenant shall pay in advance, at the case may bebeginning of such portion, shall be prorated on a daily basis based upon the number pro- rated amount of days the Rent (including, without limitation, Minimum Rent, Tax Estimates, Operating Costs Estimates, and Merchant's Association or Marketing Fund Dues) for each day included in such month and shall be paid in advanceportion of the month.

Rent Payable. A. Commencing on the Term Commencement Date, (a) Tenant shall pay all the Rent payable under this Lease to Landlord, without prior demand therefor or any setoff or deduction whatsoever, at the times set forth in this Lease in lawful money of the United States, at the place designated from time to time by Landlord by notice given to Tenant. Tenant shall pay to Landlord the Minimum Rent provided in Section 1.1 in equal monthly installments, in advance, commencing on the Commencement Date and on the first day of each and every calendar month thereafter throughout the Term. If the Commencement Date is on other than the first day of a calendar month, Tenant shall, on the Commencement Date, pay a prorated portion of the Minimum Rent calculated based upon the actual number of days in such month. Unless another time shall be expressly provided for payment, all components of Rent other than Minimum Rent shall be due and payable on demand or demand andtogether with the next succeeding installment of Minimum Rent, except as otherwise expressly whichever shall first occur. Tenant’s covenant to pay Rent shall be independent of every other covenant set forth in this Lease, without offset, deduction . Tenant shall also pay to Landlord all applicable sales or counterclaim whatsoever, in the amounts, other taxes which may be imposed on any item of Rent at the rates same time as such item of Rent is due and times set forth in payable to Landlord. In addition to constituting a default under this Lease, in the manner set forth in this Section 5.01, provided, however, that payments of Minimum Rent shall not commence until the Rent Commencement Date. All payments of Rent shall be made at the place set forth in Section 1.01.H or as Landlord may otherwise designate by Notice to Tenant. B. If Tenant fails to pay any installment of Rent on or before the date the same becomes due and payable, such unpaid installment of Rent shall bear Interest as set forth in Section 17.03 of this Lease until paid. In addition, if Tenant fails shall fail to make any payment of Rent by the date that is five (5) days after such Rent is due and payablewhen due, Tenant shall pay Landlord a late payment charge (the “Late Fee”) equal to the greater of (i) five percent a late charge of Five Hundred Dollars (5%) of such payment of Rent$500.00), or plus (ii) Twenty commencing on the fifth (5th) day after such default occurs and continuing for each additional day such default continues, Ten Dollars ($20.0010.00) per day from to reimburse Landlord for its additional administrative costs in processing such payment. Unless Landlord notifies Tenant otherwise, all Rent payments shall be made payable and sent to Landlord at the due date until the date of receipt by Landlord, except that Landlord shall not charge any such interest and/or the Late Fee with respect to the first (1strent payment address set forth in Section l.1(v) such instance in any twelve (12) month period, if such amounts are paid within five (5) days after Notice that the same are delinquent. Payment of such Interest and/or the Late Fee shall not excuse or waive the late payment of Rentabove. C. If Landlord receives two (2b) or more checks from Tenant that are dishonored by Tenant’s bank, all checks for Rent thereafter shall be bank certified and Landlord shall not be required to accept checks except in such form. Tenant shall pay Landlord any bank service charges resulting from dishonored checks, plus Fifty Dollars ($50.00) for each dishonored check as compensation to Landlord for the additional cost of processing such check. D. Any payment by Tenant or acceptance by Landlord of less a lesser amount than the total Rent shall be due from Tenant to Landlord shall be treated as a payment on account. Acceptance The acceptance by Landlord of a check for a lesser amount with an endorsement or statement thereon or in any check bearing an endorsement, or accompanied by a letter statingaccompanying such check, that such lesser amount constitutes “is payment in full” (or terms of similar import) shall not be an accord and satisfaction or a novation, and such statement full shall be given no effect. , and Landlord may accept any such check without prejudice to any other rights or remedies which Landlord may have against Tenant. E. (c) If Tenant pays any installment of Rent by check and such check is returned for insufficient funds or other reasons not the Term begins fault of Landlord, then Tenant shall pay Landlord, on demand, a processing fee of One Hundred Dollars ($100.00) per returned check plus all applicable late charges and if three (3) checks are returned for insufficient funds or ends on a date other than reasons not the first day fault of a monthLandlord, Rent for the first month of the Term and/or the last month of the Term, as the case may be, all subsequent payments to Landlord by Tenant shall be prorated on either in a daily basis based upon the number of days in such month and shall be paid in advancecertified or cashier’s check.

Rent Payable. A. Commencing on the Term Commencement Date, Tenant shall pay all the Rent payable under this Lease to Landlord, without prior demand therefor or any setoff or deduction whatsoever, at the times set forth in this Lease in lawful money of the United States, at the place designated from time to time by Landlord by notice given to Tenant. Unless another time shall be expressly provided for payment, Rent shall be due and payable on demand or demand andtogether with the next succeeding installment of Minimum Rent, except as otherwise expressly whichever shall first occur. Tenant's covenant to pay Rent shall be independent of every other covenant set forth in this Lease, without offset, deduction . Tenant shall also pay to Landlord all applicable sales or counterclaim whatsoever, in the amounts, other taxes which may be imposed on any item of Rent at the rates same time as such item of Rent is due and times set forth in payable to Landlord. In addition to constituting a default under this Lease, in the manner set forth in this Section 5.01, provided, however, that payments of Minimum Rent shall not commence until the Rent Commencement Date. All payments of Rent shall be made at the place set forth in Section 1.01.H or as Landlord may otherwise designate by Notice to Tenant. B. If Tenant fails to pay any installment of Rent on or before the date the same becomes due and payable, such unpaid installment of Rent shall bear Interest as set forth in Section 17.03 of this Lease until paid. In addition, if Tenant fails shall fail to make any payment of Rent by the date that is five (5) days after such Rent is due and payablewhen due, Tenant shall pay Landlord a late payment charge (the “Late Fee”) equal to the greater of (i) five percent (5%) of such payment of Rent, or (ii) Twenty One Hundred Dollars ($20.00100.00) plus Ten Dollars ($10.00) per day from commencing on the due date until the date of receipt by Landlord, except that Landlord shall not charge any such interest and/or the Late Fee with respect to the first (1st) such instance in any twelve (12) month period, if such amounts are paid within five fifth (5/th/) days day after Notice that the same are delinquentsuch default occurs and continuing for each day such default continues, to reimburse Landlord for its additional administrative costs in processing such payment. Payment of such Interest and/or the Late Fee Unless Landlord notifies Tenant otherwise, all Rent payments shall not excuse or waive the late payment of Rentbe made payable and sent to: Xxxxxx Springs, Dept. 77-6346, Xxxxxxx, Xxxxxxxx 00000-0000. C. If Landlord receives two (2) or more checks from Tenant that are dishonored by Tenant’s bank, all checks for Rent thereafter shall be bank certified and Landlord shall not be required to accept checks except in such form. Tenant shall pay Landlord any bank service charges resulting from dishonored checks, plus Fifty Dollars ($50.00) for each dishonored check as compensation to Landlord for the additional cost of processing such check. D. B. Any payment by Tenant or acceptance by Landlord of less a lesser amount than the total Rent shall be due from Tenant to Landlord shall be treated as a payment on account. Acceptance The acceptance by Landlord of a check for C. If Tenant pays any installment of Rent by check bearing an endorsement, or accompanied by a letter stating, that such amount constitutes “payment in full” (or terms of similar import) shall not be an accord and satisfaction or a novation, and such statement check is returned for insufficient funds or other reasons not the fault of Landlord and not bank error, then Tenant shall pay Landlord, on demand, a processing fee of One Hundred Dollars ($100.00) per returned check plus all applicable late charges and if three (3) checks are returned for insufficient funds or other reasons not the fault of Landlord and not bank error, all subsequent payments to Landlord by Tenant shall be given no effect. Landlord may accept any check without prejudice to any rights either in a certified or remedies which Landlord may have against Tenantcashier's check. E. If the Term begins or ends on a date other than the first day of a month, Rent for the first month of the Term and/or the last month of the Term, as the case may be, shall be prorated on a daily basis based upon the number of days in such month and shall be paid in advance.

Rent Payable. A. Commencing on the Term Commencement Date, Tenant shall pay all Rent to Landlord, without prior notice or demand and, except as otherwise expressly set forth in this Lease, and without offset, deduction or counterclaim whatsoever, in the amounts, at the rates and times set forth in this Leaseherein, in the manner set forth in this Section 5.01, provided, however, that payments of Minimum Rent shall not commence until the Rent Commencement Date. All payments of Rent shall be made and at the such place set forth as is provided in Section 1.01.H 1.01 .G, above, or by wire transfer to Landlord’s bank account or at such other place as Landlord may otherwise from time to time designate by Notice notice to Tenant. B. If Tenant fails to pay any installment of Rent on or before the date the same becomes due and payable, such unpaid installment of Rent shall bear Interest as set forth in Section 17.03 of this Lease until paid. In addition, if Tenant fails to make any payment of Rent by within ten (10) days from the date that is five (5) days after such Rent is due and payabledue, Tenant shall pay Landlord a late payment charge (the “Late Fee”) equal to the greater of (i) five percent (5%) of such payment of Rent, or (ii) Twenty Dollars ($20.00) per day from the date such Rent is due date until the date of receipt by Landlordsuch Rent is received; provided, except that Landlord shall not charge any such interest and/or the Late Fee with respect to however, on the first (1st) such instance occasion of the late payment of Rent in any twelve (12) month 12)-month period, and no more than once in any twelve (12)-month period, Landlord agrees to waive its right to collect such late payment charge on such payment of Rent if such amounts are paid within five payment is made no later than the fifth (55th) days day after Notice that the same are delinquentLandlord delivers to Tenant written notice of such late payment. Payment of such Interest and/or the Late Fee late charge shall not excuse or waive the late payment of Rent. C. If Landlord receives two (2) or more checks from Tenant that are dishonored by Tenant’s bankbank within any 24-month period, all checks for Rent thereafter shall be bank certified and Landlord shall not be required to accept checks except in such form. Tenant shall pay Landlord any bank service charges resulting from dishonored checks, plus Fifty Dollars ($50.00) for each dishonored check as compensation to Landlord for the additional cost of processing such check. D. Any payment by Tenant of less than the total Rent due shall be treated as a payment on account. Acceptance of any check bearing an endorsement, or accompanied by a letter stating, that such amount constitutes “payment in full” (or terms of similar import) shall not be an accord and satisfaction or a novation, and such statement shall be given no effect. Landlord may accept any check without prejudice to any rights or remedies which Landlord may have against Tenant. E. If the Term begins or ends on a date other than the first day For any portion of a month, Rent for calendar month at the first month of the Term and/or the last month beginning of the Term, as Tenant shall pay in advance the case may be, shall be prorated on a daily basis based upon pro-rated amount of the number of days Rent for each day included in such month and shall be paid in advanceportion of the month.

Rent Payable. A. Commencing on the Term Commencement Date, Tenant shall pay all Rent to Landlord, without prior notice or demand and, except as otherwise expressly set forth in this Lease, and without offset, deduction or counterclaim whatsoever, in the amounts, at the rates and times set forth in this Leaseherein, in the manner set forth in this Section 5.01, provided, however, that payments of Minimum Rent shall not commence until the Rent Commencement Date. All payments of Rent shall be made and at the such place set forth as is provided in Section 1.01.H 1.01.G, above, or by wire transfer to Landlord's bank account or at such other place as Landlord may otherwise from time to time designate by Notice notice to Tenant. B. If Tenant fails to pay any installment of Rent on or before the date the same becomes due and payable, such unpaid installment of Rent shall bear Interest as set forth in Section 17.03 of this Lease until paid. In addition, if Tenant fails to make any payment of Rent by within ten (10) days from the date that is five (5) days after such Rent is due and payabledue, Tenant shall pay Landlord a late payment charge (the “Late Fee”) equal to the greater of (i) five percent (5%) of such payment of Rent, or (ii) Twenty Dollars ($20.00) per day from the date such Rent is due date until the date of receipt by Landlordsuch Rent is received ; provided, except that Landlord shall not charge any such interest and/or the Late Fee with respect to however, on the first (1st) such instance occasion of the late payment of Rent in any twelve (12) month 12)-month period, and no more than once in any twelve (12)-month period, Landlord agrees to waive its right to collect such late payment charge on such payment of Rent if such amounts are paid within five payment is made no later than the fifth (55th) days day after Notice that the same are delinquentLandlord delivers to Tenant written notice of such late payment. Payment of such Interest and/or the Late Fee late charge shall not excuse or waive the late payment of Rent. C. If Landlord receives two (2) or more checks from Tenant that are dishonored by Tenant’s bank's bank within any 24-month period, all checks for Rent thereafter shall be bank certified and Landlord shall not be required to accept checks except in such form. Tenant shall pay Landlord any bank service charges resulting from dishonored checks, plus Fifty Dollars ($50.00) for each dishonored check as compensation to Landlord for the additional cost of processing such check. D. Any payment by Tenant of less than the total Rent due shall be treated as a payment on account. Acceptance of any check bearing an endorsement, or accompanied by a letter stating, that such amount constitutes “"payment in full” " (or terms of similar import) shall not be an accord and satisfaction or a novation, and such statement shall be given no effect. Landlord may accept any check without prejudice to any rights or remedies which Landlord may have against Tenant. E. If the Term begins or ends on a date other than the first day For any portion of a month, Rent for calendar month at the first month of the Term and/or the last month beginning of the Term, as Tenant shall pay in advance the case may be, shall be prorated on a daily basis based upon pro-rated amount of the number of days Rent for each day included in such month and shall be paid in advanceportion of the month.

Rent Payable. A. Commencing on the Term Commencement Date, Tenant shall pay all the Rent payable under this Lease to Landlord, without prior notice demand therefor or demand andany setoff or deduction whatsoever, except as otherwise specifically set forth herein, at the times set forth in this Lease in lawful money of the United States, at the place designated from time to time by Landlord by notice given to Tenant. Unless another time shall be expressly provided for payment, Rent shall be due and payable on demand or together with the next succeeding installment of Minimum Rent, whichever shall first occur. Tenant's covenant to pay Rent shall be independent of every other covenant set forth in this Lease, without offset, deduction Tenant shall also pay to Landlord all applicable sales or counterclaim whatsoever, in the amounts, other taxes which may be imposed on any item of Rent at the rates same time as such item of Rent is due and times set forth in payable to Landlord. In addition to constituting a default under this Lease, in the manner set forth in this Section 5.01, provided, however, that payments of Minimum Rent shall not commence until the Rent Commencement Date. All payments of Rent shall be made at the place set forth in Section 1.01.H or as Landlord may otherwise designate by Notice to Tenant. B. If Tenant fails to pay any installment of Rent on or before the date the same becomes due and payable, such unpaid installment of Rent shall bear Interest as set forth in Section 17.03 of this Lease until paid. In addition, if Tenant fails shall fail to make any payment of Rent by the date that is five (5) days after such Rent is due and payablewhen due, Tenant shall pay Landlord a late payment charge (the “Late Fee”) equal to the greater of (i) five percent (5%) of such payment of Rent, or (ii) Twenty One Hundred Dollars ($20.00100.00) plus Ten Dollars ($10.00) per day commencing on the third (3rd) business day after receipt of written notice from the due date until the date of receipt by Landlord, except that Landlord shall not charge any such interest and/or the Late Fee with respect to the first (1st) such instance in any twelve (12) month period, if such amounts are paid within five (5) days after Notice that the same are delinquent. Payment of such Interest and/or the Late Fee default and continuing for each day such default continues, to reimburse Landlord for its additional administrative costs in processing such payment. Unless Landlord notifies Tenant otherwise, all Rent payments shall not excuse or waive the late payment of Rentbe made payable and sent to: First Capital Income Properties, Ltd. - Series VIII, Dept. 77-5065, Chicago, Illinois 60678- 5065. C. If Landlord receives two (2) or more checks from Tenant that are dishonored by Tenant’s bank, all checks for Rent thereafter shall be bank certified and Landlord shall not be required to accept checks except in such form. Tenant shall pay Landlord any bank service charges resulting from dishonored checks, plus Fifty Dollars ($50.00) for each dishonored check as compensation to Landlord for the additional cost of processing such check. D. B. Any payment by Tenant or acceptance by Landlord of less a lesser amount than the total Rent shall be due from Tenant to Landlord shall be treated as a payment on account. Acceptance The acceptance by Landlord of a check for a lesser amount with an endorsement or statement thereon or in any check bearing an endorsement, or accompanied by a letter statingaccompanying such check, that such lesser amount constitutes “is payment in full” (or terms of similar import) shall not be an accord and satisfaction or a novation, and such statement full shall be given no effect. , and Landlord may accept any such check without prejudice to any other rights or remedies which Landlord may have against Tenant. E. C. If Tenant pays any installment of Rent by check and such check is returned for insufficient funds or other reasons not the Term begins fault of Landlord, then Tenant shall pay Landlord, on demand, a processing fee of One Hundred Dollars ($100.00) per returned check plus all applicable late charges and if three (3) checks are returned for insufficient funds or ends on a date other than reasons not the first day fault of a monthLandlord, Rent for the first month of the Term and/or the last month of the Term, as the case may be, all subsequent payments to Landlord by Tenant shall be prorated on either in a daily basis based upon the number of days in such month and shall be paid in advancecertified or cashier's check.